Division 3 Special provisions for costs in compensation and
damages assessment matters
340 Application of Division
This Division applies to costs payable by a party, or by a
party’s insurer, in or in relation to a claim for
(1) Each party is to bear the party’s own costs in or in
relation to a claim for compensation.
(2) The Commission has no power to order the payment of costs to which
this Division applies, or to determine by whom, to whom or to what extent
costs to which this Division applies are to be
342, 343 (Repealed)
344 Liability of legal practitioner for client’s costs
in certain cases
(1) The Commission may, at any stage of a matter, make one or more of
the following orders in respect of a legal practitioner whose serious neglect,
serious incompetence or serious misconduct delays, or contributes to delaying,
(a) an order disallowing the whole or any part of the costs between
the legal practitioner and his or her client,
(b) an order directing the legal practitioner to repay to his or her
client the whole or any part of the costs that the client has been ordered to
pay to any other party,
(c) an order directing the legal practitioner to indemnify any party
other than his or her client against the whole or any part of the costs
payable by the party indemnified.
(2) The Commission may refer a matter to a costs assessor for inquiry
and report before making such an order.
(3) The Commission may order that notice of such an order against a
legal practitioner is to be given to the legal practitioner’s client in
a specified manner.
(4) A legal practitioner is not entitled to demand, recover or accept
from his or her client any part of the amount for which the legal practitioner
is directed by the Commission to indemnify a party pursuant to such an
(5) This section does not limit any other provision of this